Caltrans Air Quality Software License

PLEASE READ THIS LICENSE
CAREFULLY BEFORE USING CALTRANS-DEVELOPED SOFTWARE. BY USING THIS
SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF
YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE
THIS SOFTWARE.

The enclosed computer program(s)
("Software") is licensed, at no cost, to the LICENSEE by the California
Department of Transportation ("Caltrans") for use only under the terms
of this License, and Caltrans reserves any rights not expressly granted
to the LICENSEE. The LICENSEE owns the media on which the Software is
recorded or fixed, but Caltrans retains ownership of the Software
itself.

Definitions

The term "SOFTWARE" refers to Caltrans software and document
archives, supplied or developed by Caltrans including: SOFTWARE
DOCUMENTATION, and BINARY EXECUTABLE. Source code for Caltrans software is generally is not
available.

The term "SOFTWARE DOCUMENTATION" refers to
manuals, handbooks, maintenance libraries and other explanatory
material provided in any form for the operation, use, and maintenance
of Caltrans software.

The term "BINARY EXECUTABLE" refers to the
complete compiled source code

The term "MODIFIED SOFTWARE" refers to
derivative software products created by the LICENSEE

License
The LICENSEE is granted under the terms of this agreement a
royalty-free right to:

use the SOFTWARE;

copy the SOFTWARE into any machine readable
or printed form for backup or modification purposes;

modify the SOFTWARE and/or merge it into
another program for any use;

distribute copies of the MODIFIED SOFTWARE
to public entities only and for no compensation.

Limitation of Remedies and Damages

Caltrans or any of its employees is not
liable for claims, liabilities or losses arising out of, or connected
with, the use, misuse or modification of the SOFTWARE by the LICENSEE.

Caltrans or any of its employees is not
liable for claims, liabilities, or losses arising out of, or connected
with, any future use by public entities using the SOFTWARE or any
MODIFIED SOFTWARE.

Caltrans does not warrant that the operation
of the SOFTWARE will be uninterrupted or error free or that all
SOFTWARE defects can be corrected.

The LICENSEE assumes the entire risk as to
the quality and performance of the SOFTWARE.

The LICENSEE shall defend and hold harmless
Caltrans or any of its employees for any claims made by third parties
concerning the use of MODIFIED SOFTWARE.

Restrictions

MODIFIED SOFTWARE shall be the property of
the LICENSEE but any public entity shall have a royalty-free, unlimited
and irrevocable right to the use of such software under the same terms,
conditions, and restrictions set forth above for the SOFTWARE, and the
LICENSEE agrees to include an appropriate notice and license agreement
in the distribution of any MODIFIED SOFTWARE.

Copies of the SOFTWARE created for all
MODIFIED SOFTWARE shall be provided to Caltrans upon request, including
all source code, source code documentation, and binary executable
versions of said MODIFIED SOFTWARE.

If you agree with the terms of this License, click here to proceed:I AGREE.